Several European countries are betting on open-source software. In the United States, eh, not so much. In the latest news from across the Atlantic, Switzerland has taken a major step forward with its “Federal Law on the Use of Electronic Means for the Fulfillment of Government Tasks” (EMBAG). This groundbreaking legislation mandates using open-source software (OSS) in the public sector.

This new law requires all public bodies to disclose the source code of software developed by or for them unless third-party rights or security concerns prevent it. This “public money, public code” approach aims to enhance government operations’ transparency, security, and efficiency.

Making this move wasn’t easy. It began in 2011 when the Swiss Federal Supreme Court published its court application, Open Justitia, under an OSS license. The proprietary legal software company Weblaw wasn’t happy about this. There were heated political and legal fights for more than a decade. Finally, the EMBAG was passed in 2023. Now, the law not only allows the release of OSS by the Swiss government or its contractors, but also requires the code to be released under an open-source license “unless the rights of third parties or security-related reasons would exclude or restrict this.”

Professor Dr. Matthias Stürmer, head of the Institute for Public Sector Transformation at the Bern University of Applied Sciences, led the fight for this law. He hailed it as “a great opportunity for government, the IT industry, and society.” Stürmer believes everyone will benefit from this regulation, as it reduces vendor lock-in for the public sector, allows companies to expand their digital business solutions, and potentially leads to reduced IT costs and improved services for taxpayers.